BILL NUMBER: AB 59	CHAPTERED  09/29/99

	CHAPTER   561
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 28, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   JULY 15, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999
	AMENDED IN ASSEMBLY   MARCH 3, 1999

INTRODUCED BY   Assembly Member Cedillo

                        DECEMBER 7, 1998

   An act to amend Sections 6250, 6251, 6252, and 6380 of the Family
Code, to amend Section 273.6 of the Penal Code, and to add Section
15657.03 to the Welfare and Institutions Code, relating to elderly
and dependent adults.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 59, Cedillo.  Elder or dependent adults:  abuse:  protective
orders.
   (1) Existing law sets forth procedures under which a person who
has suffered harassment or an employer whose employee has suffered
unlawful violence or a credible threat of violence from an individual
may seek a temporary restraining order and an injunction and under
which protective orders to prevent domestic violence may be ordered.
Under existing law, any intentional and knowing violation of these
orders is a misdemeanor.
   This bill would make any intentional or knowing violation of the
protective orders authorized by this bill as described in (2) a
misdemeanor.  Because the bill would create a new crime, it would
impose a state-mandated local program.
   (2) Existing law authorizes the award, by courts, of attorney's
fees and costs where it is proven by clear and convincing evidence
that a defendant is liable for abuse of an elder or dependent adult,
and that the defendant has been guilty of recklessness, oppression,
fraud, or malice in the commission of the abuse.
   This bill would set forth procedures under which an elder or
dependent adult in immediate and present danger of abuse may seek
protective orders.
   (3) Existing law, contained in the Domestic Violence Prevention
Act, authorizes a judicial officer to issue an ex parte emergency
protective order when a law enforcement officer asserts reasonable
grounds to believe that an immediate and present danger exists for
domestic violence or abduction of a child.  The act also authorizes
the court to issue a protective order, as defined, either ex parte or
after a hearing, to restrain any person to prevent a recurrence of
domestic violence.
   This bill would revise the grounds for the issuance of an ex parte
emergency protective order to include circumstances in which an
elder or dependent adult in an immediate and present danger of abuse
and would limit those grounds with respect to financial abuse to
circumstances in which law enforcement asserts reasonable grounds to
believe that physical or emotional harm would otherwise result to the
petitioner.
   Existing law authorizes an emergency protective order to include
certain specific orders.
   This bill would revise the scope of the orders that may be
included in an emergency protective order respecting elder and
dependent adults.
   (4) Existing law requires the Department of Justice to maintain a
Domestic Violence Protective Order Registry, as specified.
   This bill would include the issuance of a protective order issued
for the protection of an elder or dependent adult who has suffered
abuse within the scope of those orders for which the Department of
Justice is required to be notified immediately.
   By expanding the duties of the law enforcement personnel in
reporting the orders to the Department of Justice, this bill would
result in a state-mandated local program.
  (5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   This bill would incorporate additional changes in Section 6380 of
the Family Code, proposed by AB 825, to be operative only if AB 825
and this bill are both chaptered and become effective January 1,
2000, and this bill is chaptered last.
   This bill would incorporate additional changes in Section 273.6 of
the Penal Code, proposed by SB 218, to be operative only if SB 218
and this bill are both chaptered and become effective January 1,
2000, and this bill is chaptered last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6250 of the Family Code is amended to read:
   6250.  A judicial officer may issue an ex parte emergency
protective order where a law enforcement officer asserts reasonable
grounds to believe any of the following:
   (a) That a person is in immediate and present danger of domestic
violence, based on the person's allegation of a recent incident of
abuse or threat of abuse by the person against whom the order is
sought.
   (b) That a child is in immediate and present danger of abuse by a
family or household member, based on an allegation of a recent
incident of abuse or threat of abuse by the family or household
member.
   (c) That a child is in immediate and present danger of being
abducted by a parent or relative, based on a reasonable belief that a
person has an intent to abduct the child or flee with the child from
the jurisdiction or based on an allegation of a recent threat to
abduct the child or flee with the child from the jurisdiction.
   (d) That an elder or dependent adult is in immediate and present
danger of abuse as defined in Section 15610.07 of the Welfare and
Institutions Code, based on an allegation of a recent incident of
abuse or threat of abuse by the person against whom the order is
sought, except that no emergency protective order shall be issued
based solely on an allegation of financial abuse, .
  SEC. 2.  Section 6251 of the Family Code is amended to read:
   6251.  An emergency protective order may be issued only if the
judicial officer finds both of the following:
   (a) That reasonable grounds have been asserted to believe that an
immediate and present danger of domestic violence exists, that a
child is in immediate and present danger of abuse or abduction, or
that an elder or dependent adult is in immediate and present danger
of abuse as defined in Section 15610.07 of the Welfare and
Institutions Code.
   (b) That an emergency protective order is necessary to prevent the
occurrence or recurrence of domestic violence, child abuse, child
abduction, or abuse of an elder or dependent adult.
  SEC. 3.  Section 6252 of the Family Code is amended to read:
   6252.  An emergency protective order may include any of the
following specific orders, as appropriate:
   (a) A protective order, as defined in Section 6218.
   (b) An order determining the temporary care and control of any
minor child of the endangered person and the person against whom the
order is sought.
   (c) An order authorized in Section 213.5 of the Welfare and
Institutions Code, including provisions placing the temporary care
and control of the endangered child and any other minor children in
the family or household with the parent or guardian of the endangered
child who is not a restrained party.
   (d) An order determining the temporary care and control of any
minor child who is in danger of being abducted.
   (e) An order authorized by Section 15657.03 of the Welfare and
Institutions Code.
  SEC. 4.  Section 6380 of the Family Code is amended to read:
   6380.  (a) Each county, with the approval of the Department of
Justice, shall, by July 1, 1996, develop a procedure, using existing
systems, for the electronic transmission of data, as described in
subdivision (b), to the Department of Justice.  The data shall be
electronically transmitted through the California Law Enforcement
Telecommunications System (CLETS) of the Department of Justice by law
enforcement personnel, or with the approval of the Department of
Justice, court personnel, or another appropriate agency capable of
maintaining and preserving the integrity of both the CLETS and the
Domestic Violence Protective Order Registry, as described in
subdivision (e).  Data entry is required to be entered only once
under the requirements of this section, unless the order is served at
a later time.  A portion of all fees payable to the Department of
Justice under subdivision (a) of Section 1203.097 of the Penal Code
for the entry of the information required under this section, based
upon the proportion of the costs incurred by the local agency and
those incurred by the Department of Justice, shall be transferred to
the local agency actually providing the data.  All data with respect
to criminal court protective orders issued under subdivision (g) of
Section 136.2 of the Penal Code shall be transmitted by the court or
its designee within one business day to law enforcement personnel by
either one of the following methods:
   (1) Transmitting a physical copy of the order to a local law
enforcement agency authorized by the Department of Justice to enter
orders into CLETS.
   (2) With the approval of the Department of Justice, entering the
order into CLETS directly.
   (b) Upon the issuance of a protective order to which this division
applies pursuant to Section 6221, or the issuance of a temporary
restraining order or injunction relating to harassment or domestic
violence pursuant to Section 527.6 or 527.8 of the Code of Civil
Procedure, or the issuance of a criminal court protective order under
subdivision (g) of Section 136.2 of the Penal Code, or the issuance
of a juvenile court restraining order related to domestic violence
pursuant to Section 213.5, 304, or 362.4 of the Welfare and
Institutions Code, or the issuance of a protective order pursuant to
Section 15657.03 of the Welfare and Institutions Code, or upon
registration with the court clerk of a domestic violence protective
order issued by the court of another state, tribe, or territory, and
including any of the foregoing orders issued in connection with an
order for modification of a custody or visitation order issued
pursuant to a dissolution, legal separation, nullity, or paternity
proceeding the Department of Justice shall be immediately notified of
the contents of the order and the following information:
   (1) The name, race, date of birth, and other personal descriptive
information of the respondent as required by a form prescribed by the
Department of Justice.
   (2) The names of the protected persons.
   (3) The date of issuance of the order.
   (4) The duration or expiration date of the order.
   (5) The terms and conditions of the protective order, including
stay-away, no-contact, residency exclusion, custody, and visitation
provisions of the order.
   (6) The department or division number and the address of the
court.
   (7) Whether or not the order was served upon the respondent.
   (8) The terms and conditions of any restrictions on the ownership
or possession of firearms.
   All available information shall be included; however, the
inability to provide all categories of information shall not delay
the entry of the information available.
   (c) The information conveyed to the Department of Justice shall
also indicate whether the respondent was present in court to be
informed of the contents of the court order.  The respondent's
presence in court shall provide proof of service of notice of the
terms of the protective order.  The respondent's failure to appear
shall also be included in the information provided to the Department
of Justice.
   (d) Immediately upon receipt of proof of service the clerk of the
court, and immediately after service any law enforcement officer who
served the protective order, shall notify the Department of Justice,
by electronic transmission, of the service of the protective order,
including the name of the person who served the order and, if that
person is a law enforcement officer, the law enforcement agency.
   (e) The Department of Justice shall maintain a Domestic Violence
Protective Order Registry and shall make available to court clerks
and law enforcement personnel, through computer access, all
information regarding the protective and restraining orders and
injunctions described in subdivision (b), whether or not served upon
the respondent.
   (f) If a court issues a modification, extension, or termination of
a protective order, the transmitting agency for the county shall
immediately notify the Department of Justice, by electronic
transmission, of the terms of the modification, extension, or
termination.
   (g) The Judicial Council shall assist local courts charged with
the responsibility for issuing protective orders by developing
informational packets describing the general procedures for obtaining
a domestic violence restraining order and indicating the appropriate
Judicial Council forms, and shall include a design, that local
courts shall complete, that describes local court procedures and maps
to enable applicants to locate filing windows and appropriate
courts.  The court clerk shall provide a fee waiver form to all
applicants for domestic violence protective orders.  The court clerk
shall provide all Judicial Council forms required by this chapter to
applicants free of charge.  The informational packet shall also
contain a statement that the protective order is enforceable in any
state, territory, or reservation, and general information about
agencies in other jurisdictions that may be contacted regarding
enforcement of an order issued by a court of this state.
   (h) For the purposes of this part, "electronic transmission" shall
include computer access through the California Law Enforcement
Telecommunications System (CLETS).
  SEC. 4.5.  Section 6380 of the Family Code is amended to read:
   6380.  (a) Each county, with the approval of the Department of
Justice, shall, by July 1, 1996, develop a procedure, using existing
systems, for the electronic transmission of data, as described in
subdivision (b), to the Department of Justice.  The data shall be
electronically transmitted through the California Law Enforcement
Telecommunications System (CLETS) of the Department of Justice by law
enforcement personnel, or with the approval of the Department of
Justice, court personnel, or another appropriate agency capable of
maintaining and preserving the integrity of both the CLETS and the
Domestic Violence Restraining Order System, as described in
subdivision (e).  Data entry is required to be entered only once
under the requirements of this section, unless the order is served at
a later time.  A portion of all fees payable to the Department of
Justice under subdivision (a) of Section 1203.097 of the Penal Code
for the entry of the information required under this section, based
upon the proportion of the costs incurred by the local agency and
those incurred by the Department of Justice, shall be transferred to
the local agency actually providing the data.  All data with respect
to criminal court protective orders issued under subdivision (g) of
Section 136.2 of the Penal Code shall be transmitted by the court or
its designee within one business day to law enforcement personnel by
either one of the following methods:
   (1) Transmitting a physical copy of the order to a local law
enforcement agency authorized by the Department of Justice to enter
orders into CLETS.
   (2) With the approval of the Department of Justice, entering the
order into CLETS directly.
   (b) Upon the issuance of a protective order to which this division
applies pursuant to Section 6221, or the issuance of a temporary
restraining order or injunction relating to harassment or domestic
violence pursuant to Section 527.6 or 527.8 of the Code of Civil
Procedure, or the issuance of a criminal court protective order under
subdivision (g) of Section 136.2 of the Penal Code, or the issuance
of a juvenile court restraining order related to domestic violence
pursuant to Section 213.5, 304, or 362.4 of the Welfare and
Institutions Code, or the issuance of a protective order pursuant to
Section 15657.03 of the Welfare and Institutions Code, or upon
registration with the court clerk of a domestic violence protective
or restraining order issued by the court of another state, as defined
in Section 145, or a military tribunal or tribe, or territory, and
including any of the foregoing orders issued in connection with an
order for modification of a custody or visitation order issued
pursuant to a dissolution, legal separation, nullity, or paternity
proceeding the Department of Justice shall be immediately notified of
the contents of the order and the following information:
   (1) The name, race, date of birth, and other personal descriptive
information of the respondent as required by a form prescribed by the
Department of Justice.
   (2) The names of the protected persons.
   (3) The date of issuance of the order.
   (4) The duration or expiration date of the order.
   (5) The terms and conditions of the protective order, including
stay-away, no-contact, residency exclusion, custody, and visitation
provisions of the order.
   (6) The department or division number and the address of the
court.
   (7) Whether or not the order was served upon the respondent.
   (8) The terms and conditions of any restrictions on the ownership
or possession of firearms.
   All available information shall be included; however, the
inability to provide all categories of information shall not delay
the entry of the information available.
   (c) The information conveyed to the Department of Justice shall
also indicate whether the respondent was present in court to be
informed of the contents of the court order.  The respondent's
presence in court shall provide proof of service of notice of the
terms of the protective order.  The respondent's failure to appear
shall also be included in the information provided to the Department
of Justice.
   (d) Immediately upon receipt of proof of service the clerk of the
court, and immediately after service any law enforcement officer who
served the protective order, shall notify the Department of Justice,
by electronic transmission, of the service of the protective order,
including the name of the person who served the order and, if that
person is a law enforcement officer, the law enforcement agency.
   (e) The Department of Justice shall maintain a Domestic Violence
Restraining Order System and shall make available to court clerks and
law enforcement personnel, through computer access, all information
regarding the protective and restraining orders and injunctions
described in subdivision (b), whether or not served upon the
respondent.
   (f) If a court issues a modification, extension, or termination of
a protective order, it shall be on forms adopted by the Judicial
Council of California and that have been approved by the Department
of Justice, and the transmitting agency for the county shall
immediately notify the Department of Justice, by electronic
transmission, of the terms of the modification, extension, or
termination.
   (g) The Judicial Council shall assist local courts charged with
the responsibility for issuing protective orders by developing
informational packets describing the general procedures for obtaining
a domestic violence restraining order and indicating the appropriate
Judicial Council forms, and shall include a design, that local
courts shall complete, that describes local court procedures and maps
to enable applicants to locate filing windows and appropriate
courts.  The court clerk shall provide a fee waiver form to all
applicants for domestic violence protective orders.  The court clerk
shall provide all Judicial Council forms required by this chapter to
applicants free of charge.  The informational packet shall also
contain a statement that the protective order is enforceable in any
state, as defined in Section 145, or on a reservation, and general
information about agencies in other jurisdictions that may be
contacted regarding enforcement of an order issued by a court of this
state.
   (h) For the purposes of this part, "electronic transmission" shall
include computer access through the California Law Enforcement
Telecommunications System (CLETS).
   (i) Only protective and restraining orders issued on forms adopted
by the Judicial Council of California and that have been approved by
the Department of Justice shall be transmitted to the Department of
Justice.  However, this provision shall not apply to a valid
protective or restraining order related to domestic or family
violence issued by a court of another state, as defined in Section
145, a military tribunal, or a tribe.  Those orders shall, upon
request, be registered pursuant to Section 6380.5.
  SEC. 5.  Section 273.6 of the Penal Code is amended to read:
   273.6.  (a) Any intentional and knowing violation of a protective
order, as defined in Section 6218 of the Family Code, or of an order
issued pursuant to Section 527.6 or 527.8 of the Code of Civil
Procedure, or Section 15657.03 of the Welfare and Institutions Code,
is a misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000), by imprisonment in a county jail for not more than
one year, or by both the fine and imprisonment.
   (b) In the event of a violation of subdivision (a) which results
in physical injury, the person shall be punished by a fine of not
more than two thousand dollars ($2,000), by imprisonment in a county
jail for not less than 30 days nor more than one year, or by both the
fine and imprisonment.  However, if the person is imprisoned in a
county jail for at least 48 hours, the court may, in the interest of
justice and for reasons stated on the record, reduce or eliminate the
30-day minimum imprisonment required by this subdivision.  In
determining whether to reduce or eliminate the minimum imprisonment
pursuant to this subdivision, the court shall consider the
seriousness of the facts before the court, whether there are
additional allegations of a violation of the order during the
pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.
   (c) Subdivisions (a) and (b) shall apply to the following court
orders:
   (1) Any order issued pursuant to Section 6320 of the Family Code.

   (2) An order excluding one party from the family dwelling or from
the dwelling of the other.
   (3) An order enjoining a party from specified behavior which the
court determined was necessary to effectuate the order described in
subdivision (a).
   (d) A subsequent conviction for a violation of an order described
in subdivision (a), occurring within seven years of a prior
conviction for a violation of an order described in subdivision (a)
and involving an act of violence or "a credible threat" of violence,
as defined in subdivision (c) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison.
   (e) In the event of a subsequent conviction for a violation of an
order described in subdivision (a) for an act occurring within one
year of a prior conviction for a violation of an order described in
subdivision (a) that results in physical injury to the same victim,
the person shall be punished by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in a county jail for not less
than six months nor more than one year, by both that fine and
imprisonment, or by imprisonment in the state prison.  However, if
the person is imprisoned in a county jail for at least 30 days, the
court may, in the interest of justice and for reasons stated in the
record, reduce or eliminate the six-month minimum imprisonment
required by this subdivision.  In determining whether to reduce or
eliminate the minimum imprisonment pursuant to this subdivision, the
court shall consider the seriousness of the facts before the court,
whether there are additional allegations of a violation of the order
during the pendency of the case before the court, the probability of
future violations, the safety of the victim, and whether the
defendant has successfully completed or is making progress with
counseling.
   (f) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders described in
subdivisions (a), (b), (d), and (e).
   (g) The court may order a person convicted under this section to
undergo counseling, and, if appropriate, to complete a batterer's
treatment program.
   (h) If probation is granted upon conviction of a violation of
subdivision (a), (b), or (c), the conditions of probation may
include, in lieu of a fine, one or both of the following
requirements:
   (1) That the defendant make payments to a battered women's shelter
or to a shelter for abused elder persons or dependent adults, up to
a maximum of five thousand dollars ($5,000), pursuant to Section
1203.097.
   (2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
   (i) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under
subdivision (e), the court shall make a determination of the
defendant's ability to pay.  In no event shall any order to make
payments to a battered women's shelter be made if it would impair the
ability of the defendant to pay direct restitution to the victim or
court-ordered child support.  Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution
to the injured spouse, required by Section 1203.04, as operative on
or before August 2, 1995, or Section 1202.4, or to a shelter for
costs with regard to the injured spouse and dependents, required by
this section, until all separate property of the offending spouse is
exhausted.
  SEC. 5.5.  Section 273.6 of the Penal Code is amended to read:
   273.6.  (a) Any intentional and knowing violation of a protective
order, as defined in Section 6218 of the Family Code, or of an order
issued pursuant to Section 527.6 or 527.8 of the Code of Civil
Procedure, or Section 15657.03 of the Welfare and Institutions Code,
is a misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000), or by imprisonment in a county jail for not more
than one year, or by both that fine and imprisonment.
   (b) In the event of a violation of subdivision (a) which results
in physical injury, the person shall be punished by a fine of not
more than two thousand dollars ($2,000), or by imprisonment in a
county jail for not less than 30 days nor more than one year, or by
both that fine and imprisonment.  However, if the person is
imprisoned in a county jail for at least 48 hours, the court may, in
the interest of justice and for reasons stated on the record, reduce
or eliminate the 30-day minimum imprisonment required by this
subdivision.  In determining whether to reduce or eliminate the
minimum imprisonment pursuant to this subdivision, the court shall
consider the seriousness of the facts before the court, whether there
are additional allegations of a violation of the order during the
pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.
   (c) Subdivisions (a) and (b) shall apply to the following court
orders:
   (1) Any order issued pursuant to Section 6320 or 6389 of the
Family Code.
   (2) An order excluding one party from the family dwelling or from
the dwelling of the other.
   (3) An order enjoining a party from specified behavior which the
court determined was necessary to effectuate the order described in
subdivision (a).
   (4) Any order issued by another state that is recognized under
Section 6380.5 of the Family Code.
   (d) A subsequent conviction for a violation of an order described
in subdivision (a), occurring within seven years of a prior
conviction for a violation of an order described in subdivision (a)
and involving an act of violence or "a credible threat" of violence,
as defined in subdivision (c) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison.
   (e) In the event of a subsequent conviction for a violation of an
order described in subdivision (a) for an act occurring within one
year of a prior conviction for a violation of an order described in
subdivision (a) that results in physical injury to a victim, the
person shall be punished by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in a county jail for not less
than six months nor more than one year, by both that fine and
imprisonment, or by imprisonment in the state prison.  However, if
the person is imprisoned in a county jail for at least 30 days, the
court may, in the interest of justice and for reasons stated in the
record, reduce or eliminate the six-month minimum imprisonment
required by this subdivision.  In determining whether to reduce or
eliminate the minimum imprisonment pursuant to this subdivision, the
court shall consider the seriousness of the facts before the court,
whether there are additional allegations of a violation of the order
during the pendency of the case before the court, the probability of
future violations, the safety of the victim, and whether the
defendant has successfully completed or is making progress with
counseling.
   (f) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders described in
subdivisions (a), (b), (d), and (e).
   (g) (1) Every person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Sections 527.6 or 527.8 of
the Code of Civil Procedure, shall be punished under the provisions
of subdivision (g) of Section 12021.
   (2) Every person subject to a protective order described in
paragraph (1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (h) of
Section 6389 of the Family Code.
   (h) If probation is granted upon conviction of a violation of
subdivision (a), (b), (c), (d), or (e), the court shall inforce
probation consistent with the provisions of Section 1203.097 and the
conditions of probation may include, in lieu of a fine, one or both
of the following requirements:
   (1) That the defendant make payments to a battered women's shelter
or to a shelter for abused elder persons or dependent adults, up to
a maximum of five thousand dollars ($5,000), pursuant to Section
1203.097.
   (2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court
                                    finds are the direct result of
the defendant's offense.
   (i) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under
subdivision (e), the court shall make a determination of the
defendant's ability to pay.  In no event shall any order to make
payments to a battered women's shelter be made if it would impair the
ability of the defendant to pay direct restitution to the victim or
court-ordered child support.  Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution
to the injured spouse, required by Section 1203.04, as operative on
or before August 2, 1995, or Section 1202.4, or to a shelter for
costs with regard to the injured spouse and dependents, required by
this section, until all separate property of the offending spouse is
exhausted.
  SEC. 6.  Section 15657.03 is added to the Welfare and Institutions
Code, to read:
   15657.03.  (a) An elder or dependent adult who has suffered abuse
as defined in Section 15610.07 may seek protective orders as provided
in this section.
   (b) For the purposes of this section, "protective order" means an
order that includes any of the following restraining orders, whether
issued ex parte, after notice and hearing, or in a judgment:
   (1) An order enjoining a party from abusing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, annoying telephone calls as described in Section 653m of
the Penal Code, destroying personal property, contacting, either
directly or indirectly, by mail or otherwise, or coming within a
specified distance of, or disturbing the peace of the petitioner.
   (2) An order excluding a party from the petitioner's residence or
dwelling, except that this order shall not be issued if legal or
equitable title to, or lease of, the residence or dwelling is in the
sole name of the party to be excluded or is in the name of the party
to be excluded and any other party besides the petitioner.
   (3) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
paragraph (1) or (2).
   (c) An order may be issued under this section, with or without
notice, to restrain any person for the purpose of preventing a
recurrence of abuse, if an affidavit shows, to the satisfaction of
the court, reasonable proof of a past act or acts of abuse of the
petitioning elder or dependent adult.
   (d) (1) Upon filing a petition for protective orders under this
section, the petitioner may obtain a temporary restraining order in
accordance with Section 527 of the Code of Civil Procedure, except to
the extent this section provides a rule that is inconsistent.  The
temporary restraining order may include any of the protective orders
described in subdivision (b).  However, the court may issue an ex
parte order excluding a party from the petitioner's residence or
dwelling only on a showing of all of the following:
   (A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
   (B) That the party to be excluded has assaulted or threatens to
assault the petitioner.
   (C) That physical or emotional harm would otherwise result to the
petitioner.
   (2) In the case in which a temporary restraining order is granted
without notice, the matter shall be made returnable on an order
requiring cause to be shown why a permanent order should not be
granted, on the earliest day that the business of the court will
permit, but not later than 20 days or, if good cause appears to the
court, 25 days from the date the temporary restraining order is
granted, unless the order is otherwise modified or terminated by the
court.
   (e) The court may issue, upon notice and a hearing, any of the
orders set forth in subdivision (b).  The court may issue, after
notice and hearing, an order excluding a person from a residence or
dwelling if the court finds that physical or emotional harm would
otherwise result to the other party.
   (f) In the discretion of the court, an order issued after notice
and a hearing under this section may have a duration of not more than
three years, subject to termination or modification by further order
of the court either on written stipulation filed with the court or
on the motion of a party.  These orders may be renewed upon the
request of a party, either for three years or permanently, without a
showing of any further abuse since the issuance of the original
order, subject to termination or modification by further order of the
court either on written stipulation filed with the court or on the
motion of a party.  The failure to state the expiration date on the
face of the form creates an order with a duration of three years from
the date of issuance.
   (g) Upon the filing of a petition for protective orders under this
section, the respondent shall be personally served with a copy of
the petition, notice of the hearing or order to show cause, temporary
restraining order, if any, and any affidavits in support of the
petition.  Service shall be made at least two days before the
hearing.  The court may, on motion of the petitioner or on its own
motion, shorten the time for service on the respondent.
   (h) The court may, upon the filing of an affidavit by the
applicant that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent.  The reissued
order shall be made returnable on the earliest day that the business
of the court will permit, but not later than 20 days or, if good
cause appears to the court, 25 days from the date of reissuance.  The
reissued order shall state on its face the date of expiration of the
order.
   (i) (1) The court shall order the petitioner or the attorney for
the petitioner to deliver, or the county clerk to mail, a copy of an
order issued under this section, or a reissuance, extension,
modification, or termination of the order, and any subsequent proof
of service, by the close of the business day on which the order,
reissuance, extension, modification, or termination was made, to each
local law enforcement agency designated by the petitioner or the
attorney for the petitioner having jurisdiction over the residence of
the petitioner, and to any additional law enforcement agencies
within the court's discretion as are requested by the petitioner.
Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported abuse.

   (2) An order issued under this section shall, on request of the
petitioner, be served on the respondent, whether or not the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported abuse involving the
parties to the proceeding.  The petitioner shall provide the officer
with an endorsed copy of the order and a proof of service which the
officer shall complete and send to the issuing court.
   (3) Upon receiving information at the scene of an incident of
abuse that a protective order has been issued under this section, or
that a person who has been taken into custody is the respondent to
that order, if the protected person cannot produce a certified copy
of the order, a law enforcement officer shall immediately attempt to
verify the existence of the order.
   (4) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and shall at that
time also enforce the order.  Verbal notice of the terms of the order
shall constitute service of the order and is sufficient notice for
the purposes of this section and for the purposes of Section 273.6 of
the Penal Code.
   (j) Nothing in this section shall preclude either party from
representation by private counsel or from appearing on the party's
own behalf.
   (k) There is no filing fee for a petition, response, or paper
seeking the reissuance, modification, or enforcement of a protective
order filed in a proceeding brought pursuant to this section.
   (l) (1) Fees otherwise payable by a petitioner to a law
enforcement agency for serving an order issued under this section may
be waived in any case in which the petitioner has requested a fee
waiver on the initiating petition and has filed a declaration that
demonstrates, to the satisfaction of the court, the financial need of
the petitioner for the fee waiver.  The declaration required by this
subdivision shall be on one of the following forms:
   (A) The form formulated and adopted by the Judicial Council for
litigants proceeding in forma pauperis pursuant to Section 68511.3 of
the Government Code, but the petitioner is not subject to any other
requirements of litigants proceeding in forma pauperis.
   (B) Any other form that the Judicial Council may adopt for this
purpose pursuant to subdivision (p).
   (2) In conjunction with a hearing pursuant to this section, the
court may make an order for the waiver of fees otherwise payable by
the petitioner to a law enforcement agency for serving an order
issued under this section.
   (m) The prevailing party in any action brought under this section
may be awarded court costs and attorney's fees, if any.
   (n) Any willful disobedience of any temporary restraining order or
restraining order after hearing granted under this section is
punishable pursuant to Section 273.6 of the Penal Code.
   (o) This section does not apply to any action or proceeding
covered by Title 1.6C (commencing with Section 1788) of the Civil
Code, by Chapter 3 (commencing with Section 525) of the Code of Civil
Procedure, or by Division 10 (commencing with Section 6200) of the
Family Code.  Nothing in this section shall preclude a petitioner's
right to use other existing civil remedies.
   (p) The Judicial Council shall promulgate forms and instructions
therefor, rules for service of process, scheduling of hearings, and
any other matters required by this section.  The petition and
response forms shall be simple and concise.
  SEC. 7.  Section 4.5 of this bill incorporates amendments to
Section 6380 of the Family Code proposed by both this bill and AB
825.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2000, (2) each bill
amends Section 6380 of the Family Code, and (3) this bill is enacted
after AB 825, in which case Section 4 of this bill shall not become
operative.
  SEC. 8.  Section 5.5 of this bill incorporates amendments to
Section 273.6 of the Penal Code proposed by both this bill and SB
218.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2000, (2) each bill
amends Section 273.6 of the Penal Code, and (3) this bill is enacted
after SB 218, in which case Section 5 of this bill shall not become
operative.
  SEC. 9.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
